logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.16 2014노3289
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

With regard to the mistake of facts and the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.), the defendant was punished on the ground that the victim did not take the victim on the ground that the victim was in the game, but recommended I to smoke tobacco in the future and attend an elementary school.

The victim made a statement that he had not smoked at the time of testimony of the court below even though he had a tobacco smoking at the time of this case, and there is no credibility of the statement.

Since the defendant notified that he would be punished at the time and predicted a part that could have been predicted in advance, the check of this case does not constitute "hazardous things" under Article 3 (1) of the Punishment of Violences, etc. Act.

It is true that the defendant's her her m, her m, in accordance with the so-called her m, her m, and her m, was her m, but her m, from the standpoint of teaching the victim, it constitutes a justifiable act under Article 2

The father of the victim asked the defendant that "if necessary, he/she will cause the victim to be educated strictly, even if he/she is punished," and the victim has consented, so the defendant's act constitutes the act of obtaining the consent of the victim.

Therefore, the defendant's act is not illegal.

As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means, etc.), there is only a fact that the defendant got the victim to the Dong Seoul Terminal on March 2012 and caused the loss to his/her face with his/her hand and face.

The defendant committed an indecent act on April 2012, 200.4.4. Then, he did not spare the victim with his arms, and did not sparly commit an indecent act by sparing the victim in two arms.

The defendant's act of flaging the victim's hand or shoulder can not be regarded as an indecent act.

Defendant.

arrow